Rent Abatement Clauses
(Commercial Lease) (Pro-Tenant)


These rent abatement clauses may be included in a commercial lease to provide the tenant with a right to abate rent when the condition of the leased premises or the property or a violation of the lease prevents the tenant from using or profiting from the premises. These clauses contain practical guidance, optional clauses and drafting notes. A commercial lease rarely contains one single rent abatement clause. Rather, rent abatement is likely to appear in several different sections of the lease and will apply differently in each scenario. Generally, any lease that contains one or more rent abatement clause should contain a prohibition on the ability of the tenant to withhold rent during the time such clauses are in effect. Rent abatement clauses are used when the tenant is unable to physically occupy part or all of the premises due to casualty, lack of basic utilities or services, delay in possession, or the presence of hazardous substances and therefore should not have to pay rent. ...